Divorce under Hindu marriage Act
Section 13 of Hindu marriage act speaks about the grounds of divorce viz. on particular basis married people can file divorce on only limited grounds as mentioned in Hindu marriage act.
Section 13(1) speaks about grounds for either party which means grounds that can be put forward as the reason for filing a divorce by both husband and wife.
Previously adultery was considered as the grounds of divorce which means a husband or wife could give the reason of adultery to get divorce but now it has been removed by Supreme Court. Adultery was basically having voluntary sexual intercourse with person other than his or her spouse.
Section 13(1)(ia) Speaks about one of the grounds for divorce viz cruelty .There can be a cruelty from husband’s as well as wife’s side.
Case law -
In the case of ,Russell v. Russell
Cruelty was defined as the danger to life or limb or health or danger to mental health or there can be reasonable apprehension to such danger.
In the case of Shobha rani v. Madhukar Reddy
Husband’s parents demanded for dowry and it was held that this is considered to be cruelty by husband as the wife is facing cruelty mentally and section 498-A of IPC was also read in this case.
In the case of Dastane v. Dastane
Wife was threatening husband and his parents by continuously saying that she will put an end to our own life or set fire to the house and it was considered as cruelty as there was reasonable apprehension.
In the case of Satya v. Sai ram - husband and husband’s side of the family what desperately waiting for A new born child but wife repeatedly terminated her pregnancy which amounted to mental cruelty suffered by husband and husband side of the family.
Section- 13(1)(ib) speaks about desertion
If either of the spouse desserts their partner for not less than two years would amount to desertion.
There are four essentials that should satisfy the grounds of desertion-
-Intention to live separately should exist
-Intention to bring cohabitation to end permanently
-Caused desertion without a reasonable cause
-Deserted their spouse without the consent or wish of the deserted spouse
Only when all these above essentials are available a party can file a divorce on the grounds of desertion.
In the case of Bipan Chandra v. Prabhavati
Couples Had a kid and after few years of marriage husband went to England. During his absence wife had an illicit relationship with another man and later when husband returned from England and questioned about the same, wife got scared and left husband’s home . Husband send her wife a notice not to come back. After four years he applied for divorce saying that there was desertion from wife’s side./
Whenever the same got declined as The husband himself sent her a notice not to come back and didn’t even try to reach out his wife . So, here desertion cannot be one of the grounds of divorce.
Section 13(1)(ii) speaks about conversion
Conversion here means changing the current religion to another.
Section 13(1)(iii) about insanity or unsoundness of mind Divorce under Hindu marriage act.